December 27, 1974 

The Honorable A. G. McNeese, Jr. 

Chai:rman, Board of Regents 

Universi.ty of Texa.s System 

P. 0. Box 2629 

Houston, Texas 77001 

Dear Chairman McNeese: 

Opinion No. H- 485 

Re: Applicability of certain 

provisions in the Education 

Code to the Extension 

Division of the University 

of Texas at Austin 

You ask the following questions: 

(1) Does Section 54.203 of the Texas Education 

Code require the exemption of qualified Texas veterans 

from the payment of tuition and fees for Extension 

Evening Courses and Extension Field Courses conducted by the Extension Division of the University of 

Texas at Austin? 

(2) Does Chapter 52 of the Texas Education Code 

allow the University of Texas at Austin to grant loans 

under the Hinson-Hazlewood College Student Loan 

Act to persons enrolled in the Extension Division of 

the University of Texas at Austin? 

The Extension Division is a component of the University of Texas at 

Austin which provides educational services to a varied clientele. It offers 

both evening courses and correspondence courses. Whether one receives 

academic credi.t for successfully completing a course depends upon the 

evaluation of the department or program administering the course. Admissions standa:rds for students enrolling in an Extension Division course are 

far less stringent than those that must be satisfied by students enrolling 

in other universit:y departments: generally any high school graduate may 

enroll. 

p. 2201 
The Honorable A. G. McNeese. page 2 (H-485) 

As a component of the University of Texas at Austin, the Extension 

Division is operated and regulated by the.University Board of Regents. 

The Board attempts to operate the ~Extension Division on a self-support.ing 

basis, offering courses only when there are sufficient paying enrollees 

to cover all expenses. The Board insures that office space, office equipment, and classrooms are available to the Division and provides for the 

payment of instructors in the Division on a contract basis. 

The Hinson-Hazlewood Fee Exemption Statute. Texas Education Code, 

section 54.203. provides that the governing board of each institution of 

higher education must exempt certain designated veterans from the payment of fees as follows: _, 

(a) The governing board of each institution of 

higher educ,ation shall exempt the following persons 

from the payment of all dues, fees, and charges, 

including fees for correspondence courses but excluding 

property deposit fees, student services fees, and any 

fees or charges for lodging, board, or clothing. . . . 

The Uni.versity of Texas at Austin is plainly an “institution of higher 

education” as that term is defined in the Act. Texas Education Code, 

sections 54.001 and 61.003. While the Extension Division may be 

operated on a somewhat different basis than other schools and divisions 

of the University, it nevertheless is a component of the University subject 

to regulation by the Board of Regents which has been established in order 

to provide correspondence courses and other special programs. Section 

54. 203 explicitly requires the governing board of the University to exempt 

certain classes of veterans from the payment of all fees including fees 

for correspondence courses. Thus, veterans designated in section 54.203 

must be allowed to enroll in the courses offered by the University’s 

Extension Division without paying tuition or any fees other than those 

which educati.onal institutions are expressly allowed to collect from 

veterans by section 54. 203. Our answer to your first question is in the 

affirmative. 

Your second question is whether the University of Texas at Austin is 

allowed to grant loans made available by the Hinson-Hazlewood College 

Student Loan Act to persons enrolled in the Extension Division. The 

Hinson-Haslewood College Student Loan Act, Chapter 52, Texas Education 

Code, establishes a student loan program to be administered by the 

p. 2202 
The Honorable A. G. McNeese, page 3 (H-485) 

Coordinating Board, Texas College and University System. Section 

52. 32 of the Act provides that the Board may authorize loans from the 

Texas Opportunity Plan Fund to qualified students at any participating 

institution of higher education in Texas if the applicant meets certain 

qualifications. Under section 52.31 of the Act a participating institution 

of higher education is: 

. . . any institution of higher education, public or 

private nonprofit, including a junior college, which 

is recognized or accredited by the Texas Education 

Agency or the Coordinating Board, Texas College 

and University System, or its successors, and which 

complies with the provisions of this chapter, and the 

rules and regulations of the board promulgated in 

accordance with this chapter. 

Again it is clear that the University of Texas at Austin is a “participating 

institution of hi.gher education” as that term is defined in the Act. Thus, 

under section 52. 3.2 the Board is authorized to grant loans to qualified 

students at the University including students enrolled in the University’s 

Extension Di.vision. Of course, before any student in the Extension 

Division may be grant.ed a loan, he or she must meet the requirements set 

out in section 52.32 and any other reasonable requirements established 

by the Coordi.nating Board in conformity with section 52. 32(a)(5). Our 

answer to your second question is also in the affirmative. 

SUMMARY 

Under section 54.203 of the Texas Education Code 

certain designated Texas veterans must be exempted 

from the payment of tuition and fees when enrolling in 

courses offered by the Extension Division of the University of Texas a.t Austi.n. Under secti,on 52. 32 of the 

Code, the Coordinating Board is authorized to grant 

loans to qualified students at the University including 

students enrolled in the University’s Extension Division. 

Attorney General of Texas 

p. 2203 
The Honorable A. G. McNeese. page 4 (H-485) 

APPROVED: 

5i3kb-MJ 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

pe 2204